The Sun. — London, England, 1809-07-29 00:00:00

-_ ~~-~::.r.._y..~ -~ I1()ME CMCVIT. tiutISDAY, Jui..7 27. I.4afi ELL 41C4;.11. a:.(1 tilC 140.111.), Cri3tF .I. l .oioN'arrivc •I 111 tillti 10 2 '. yeS:erOay, for the pvinfose t As,.t . zes for COulay.: This tet) o' l / 4 1tie1t, tley t)egn 4nsl:less Lord 'I- t.b,,1:141 , 01 sit on t; - "e Civil side, ttie Lord €lt4_.t I.l.ittia tiled ti , e wcie oniy &IA cilipws , .;is tzpte iit which the v.,bolQ't4.lhe d , y, bot tvati extrtmeiv thy and ur.itate! - csting'to the reatitr---it wus a ak.tion of rinAms V. IW'.T .The 31:i itlil iOf iht damage clone to . the by th-e. Defendant throwing back the Water, 12,y clatniving al d heilitening the lianksl in conse-i n , nee c; Nl'nlCll a cii4,lntoptat dead water was thrown inpi the Plaintiff's mill tail, and his mill was im operation. On'the't.ort - of tt.e Fointiffa great nurribt.l' of wit . ne,se, wyree:s.tmined, who stated the former and . present state of (I)e and-. Defendant's mills; an .1 !hey agreed, that, in consequence of the altera tion; "made by. the Defendant in The-water-course, the vAs considerably'deteriorated. FO:: the Defendant, on .the contrary, a-great nnm ber Of witnesses were also cmamined, and they stated 1h it _the height oft he 9, ate' . had never been increawd by the Defendant's alterations; that an old stone, which had beenplacedas a scale for the height of the water, had beet, re-placed in exactly the same si.tu _that the Defendant migtet not alter the etila of the water on tie, Plaintiff's mill. This contradi6kory tes , imony haying consumed the whole day; after able speeches iron' Serjeant Shepheri.! and Mr. Garrow, , and the Learned Juoge having sutnined up the whole evidence, the Jury found for the Plaintitf—b ~ , c ages 501. • CROWN SIDE. John, Bellars and Nary Gibson, the man a respea abte looking than, and the - female very interesting .in her appearance, were indiaed for uttering I,,rged Batik notes: They pleaded gully to having them in their possession, which subjects them to 14 Kirs transportation consetittence of which the Counsel for the Bank did not over any evidence against them on the capital charge, and they were acquitk:d. They were sentenced to 14 years trans 1/Lanas Gale ; Henry Simmons, and Robert Cook, were indiCted for burglariuusly breaking and enter ing the dwellny-house of Thomas Stayers; at Thutf, 'dersiy, in this county, on the tsth of February last. The Prosecutor, Thomas Stayers, deposed, that, on the night of the borgiary,be w e nt_ to bed at'bis'usual hour, and in the course Of the night he was awaken ed by two men coming into his room. They awoke him, and then proceeded plunder the house. They took. st.ye - ral article , of two 51. notes, and a irote.; they atterwards went into his kitchen and drank some brandy arid gin, and took several bottles with TheM. Before they went they came to kiln again; one of them shook him by the haud., and .wished him good-night. He had an opportu; tiny of set:nig a little of their faces, and he thought he could si.vtar to Sitnimns. I;ham Shadboh, an accomplice, stated, that he and the Prisoners bad concerted the robbery at the Prhsecutor's hots e. But they first attempted another from which they were driven by the noise - of the dogs. They terwards went to the* Prosecutor's house, and broke in.at a.casement window. Two attic Prisoners at the bait went into the Prosecutor's bed-toom, but the witness said he did not go into his room. He then described the manner in which thy shared the booty, and his statement was con firmed -by the finding the spoons and the puneh. 1:!dle on the Prisoners. The Jury found them ail— GL4 4ty YORKSHIRE SUMNER ASSIZES. Gitt7El3 V. TAPP AND ZLWICK. The new trial ordered in this cause, which has exci;ed much attention, cameon - on Friday at the bvfore . Sir ALAN CHAMBiE . , Knt. and a July. The trial commenced about eight o'clock ih the morning,-anchlie Judge did not con clude his charge to the Jury until eleven o'clock at night, and the Jnry remained in consultation until near two o'clock on Swurday morning, When they found a verdict for the Plaintiff. The deceased 'Mrs. G . ray;, resided at Elleiton, near Hull, she was a lady, when in health, of a sowld at:d vigorous nnderstandiog, atitl was pos. 5e55....410f coosiderable property. On Wednesday the .15tti of November, 1807 0 . she experienced what the Medical Gentleman who attended her caned a severe apopleCtic fit, and which being suc ck;eded by a paralysis, terminated her existence on the • follcyAing . day, On Thursday Mr. Robinson, Attorney, at South'Cave, received troal her instruc tions for her • IA Bich eras executed and attesied on the - following clay, Mr. Robinson signed it as OfIC of Jlie attesting Mr,.Tapp being This wits gave the bulk of her_ property Elwick, a relation of the testatrix, and Mr. a Dissenting Minister at South Cave, 'and o • way related •to the testatrix. A will executed such cncuarsiances, and of such a nature, 11,oura'Ay gate rise to suspicion, and an a6tion bron-4,ltt by, the heir at law 'against Mr. El and Tipp, to eject them duti'of posses !jou of 'her - property. h s action, as before as tried last Spring Assizes, and a Verdi& ontained by the Defendant, which established the ~'l'fl~ Tit only material evidence in support of the Was Mr. Robinson, who stated, that on Thors he, at Mr.'rapp'S request, \vaned upon .Mrs. Glay, an a . received troth her instructions relative to (tie disposal of - ter property; that, the answers s.:c ga..e him . were relevant, and evinced a coat i? possesspon of her mental faculties ; and that tie toilowitrg day/when the will was executed, sue w.is in a -sot.ind disposing, state of mind. This e% 'deuce was fortified by ,a number of . letters and et'idettee, tending to shew that she entertained a high r• - •arct - tut these Ewogentlemen, and had expressed . -of considering them in the disposal of tivcpet ty. (.iii the part of the Plaintiff, a great body of evi de :co uttered to prove her complete incapacity . . LON DUN Printed by RI CHAltp IIAKRIS, of 4 , Martleit.cowt, B o w_street ; and Nblishedby WILLIAM ARMIG ER SC Itl PYS, South Mlton-street, G oFvenor.square. At the SUN-OFFICE, No. 112, Strand; where Advertisements, ()niers- for tad - Paper, Letters_ for the - Editor, Stc. (post-piiia), must by addressed. pert ,, rm any rational aa whptever. Atrion g tire wt neses called wete'. the I.WO femaie dotnestii-s who -were the-. subscribing witnesses to the will, and who' re,-:: . 6ented her, at the time she executed i 4 ‘=(or'?-ether the time it was executed) as utterly and completely :insensible. The Medical Gentl6, man, who'_attended her, stated it as his positivt:3 be lief, tito. she was not.cap.able Of performing -any ra tional act ; that her mind was completely gone, and that she w.Ts almost constantly in a state of Itthargic insensibility. Another domestic, who was also constantlywith her, and several ladies, her acquain tance, who called upon her in the course of her shi;, - t. gave evidence to the same etfe&, and they all agreed in stating, that stile could not recog 'ntse her most intimate friend::, arid could not distin guish even the-dome's - tics who were constantly about her. • This Was the substance of the evidence on the part of the. Plaintiff. Part of the evidence on both sides was ,affetied by contradidory testimony ; and on the part of Mr. Jack Son, the Surgeon, by written declaration of a contrary nature, brit which he explained by saying, that it was customary for medical men, when writ -ing to the friends of their patients, to represent than: as better than ihey really were. The JUDGE'S summing up; and his address to the Jury, occupied nearly threeliours-; in the course of which he observed, that .the Jury had nothing to do with the propriety of the will, their only pro vince was to decide whether it was really her will ; it she had understanding enough to know what she was leaving, to whom she was leaving, and frpm whom she was eaving it, was sufficient; if she. was not capable of this, the will was a piece of waste paper ; they had heard the evidence, and would pro nounce their verdict without reference . to airy prior cre.cisions. The Jury retired about eleven o'clock at night, and about two o'clock in the morning fond a ver did for the Plaintiff, which of course destroys the • At Nottingham, James Wilkinson was arraigned for having utter'ed two forged riches.- purporting to be genuine notes of the Leicester Bank: A whole Wilily, besides others, were involved in the charge —a father, mother, and their two children, a sun ,and daughter. JaMes Wilkinson was the son, and he. pleaded guilty. The Learned Jude very btimeinely placed - before the Prisouet the-fut ility: of any hope he might derive troitt this condutt The Sentence of the law pass upon him in the same main - Tel- as if the offence were proved by the clearest evidence. The unfortunate man persisted in plead ing guilty, although repeatedty admonished by the Judge to consider the awful consequences. The Prisoner seemed occupied only by the most sincere contrition of mind. He said he was guilty of utter ing the notes, although not of the forgery ; and could not in Conscience, do otherwise than plead guilty . ' He was , , after a considerable time thus elapsed, withdrawn trous the bar, and John Wilkinson (the father) was arraigned. He pleaded not Mr. Set jeant VACGH N stated the case of the pro secution to the Jury. The prisoner was charged with being an,accessary before the fad. to the uttering of these notes, knowing them to be forged, and being concerned and cottneeted with the persona who did utter them, and being interested in, the'protits arising from the said uttering. The Learned Serjernt proceeded to state the tads' of the uttering of the notes, bj. Wilkinson, the seri. On the 9,oth of May last, be had given two of them payment for a watch, and on being asked for his address, wrote— " James Wilkinson, Loughborough." The young man, however, lived in Lancashire, and the father in Cheshire. The Prisoner then at the bar, it seems, sent some time.back for his son, au& g aie him 250 of one pound forged notes of the above desciiptiun to circulate. James Wilkinson first ut tered some of them at Derby, and -then passed about fifteen of them in this town. The forgery bei g discovered, the parties were traced and ap prehended : most of the property' obtained for, the forged 'notes was found on the premises of the Prisoner at the. bar (the father) ; , and - no of the forged notes 'were found in a road near the prisoner's house, and througb,Which he must pass to his house ; and on his being examined, lie de-. nied having been at Birmingham, though it would - be proved that he had been there a little previous. to this transa6lion. The prisoner had aded with pecu liar caution throughout the -whole affair, to escape, danger himself, but it would be found that he was the contriver, and protrioter,of this scheme of this. plunder, in which he had involved his whole faMily.! This being the case against the Prisoner at the Bar— Sir Stmos LE BLANC said, he bad listened with attention to discover if the indicloient couldbe sup- Kited, but there was nothing in this case to bring the charges home to the present prisoner. The Only points were the finding the property at his house, and having denied being at Birmingham ; these would induce suspicion, but could not be received as proof of the f.l4ts they were intended to support. — He Must, `therefore, instruct the Jury to acquit the PriSoner. This was Acco[dinfily done. • , The mother and daughter were then put to, the bar,. but no witnessed were produced, and here the prosecution, was stopped. - `James Wilkinson was afterwards brought up to re ceive sentence. The Prisoner's tears flowed rapidly. There was, notwithstanding, an: expression of pa tience and resignation in his,coptitenauce,that ren dered hii fate still more to be lamented. The de portment and conduct of the father, present all the time, was a s.trange contrast to all this. A petition was handed up to his Lordship, who said he would peruse it with attention; .1 • -- A few dayS ago a Workman; making snrne altera ; tions in one of, the rooms at Tong-Hall, near, Leeds, the seat - of John Plumbe, Esq. was literally aSsalled with a shower of silver," which fell from an, aper ture he' had"naaile hi the wall above. When he had recovered a little from his surprise, he collected the _scattered pieces and examined the spot ; it appeared that a bog had been deposited lathe wall, some • parts of which were still visit*, which r had contain ' ed. some hundred pieces of silver, many of . them crown pieces of James-11. • The workman very pro 7 perly took them to the owner of the mansion, who liberally rewarded him.for his honesty. FOREIGN INTELLIGENCE. LcurssoußG, „TUNE 30.—0 n the. 27th of this month; his Maiesty received, by a Courier- which- Was expedited to Rini from Mergentiteitn, intelli gence, that on the 25th there arose some very se rious troubles in the village of Margolsheim, in con sequence of a levy of recruits made by Major kupe den, of the guirds, At the sound of the tocsin, the inhabitants of the neighbouring villages assembled -3 and.-.marched, m arc bed to- 7 , wards Margolsheitn. Major. Hupeden went to meet them with some militia dragoons, who accompanied hi:n. He endeavoured, by repre3entations and me naceso44,,re-establish tranquility; but these furious. people threW themselves upon him, pulled him from his horse, took his sabre from him, and at the same time disarmed all the Dragoons. They concluded . , these prisoners, to. whom they had joined the Chief Bailiff,' amidst the ,injuries and ill-treatment of a crowd, Whose numbers were always increasing, to Mergentheim, which is abbut half a league distant. They had shut its. gates,\ but- the cOuntty who arnoun!ed to several thonsands„ and whom a part- of the inhabitants of this town .had joined, forced them open: _This itirious - troop precipitated itself into the town, disarmed 46 men,'.belonging to the Lonisburgh 1 lilitia, which were in gal rison in it, arreted At de Mat;eler, Commissary General of the country, as well . as all 'other pers6ns in the ser vice Of his ntjesty, who had riot time to make their escape.- These people were pillaged, mal-, treated, and kept prisoners in an -urn- till night, when they conducted them to the town-house: The insurgents spread themselves through all parts of the town, where - they found partisans among the lowest classes of the, people. They broke open Many cel lars, and drank with rage and wine, g.ittz themselves up to all . the excesses of which a blind populace is• capable: • ' An Austrian deserter put himself at their head.."--, They took away all theLchests; which were, how ever, „sent to the ancient Pre-ident of the Teutonic Order, whom the insurgent; obliged, as well as the Comniander Reuter, to resutne the reins of Govern ment. ,The ants of his Majesty were purled down -and insulted, and replaced by those of the Tentonic Order; amidst the cries of " long bye the Emperor Fr‘ancis ! lung live the Archduke Anthony !" The former Counsenois of that Order were reinstated in their places,. with the exception of,two, who, as well as all the people north of Sjergentheim, have much to suffer. _ .•_ _ The tumult was increased• by the arrival of the countrymen flom the neighboUrhood, among which were remarked, in the greatest npmberS;the subje&s of Bavaria and Baden. . • M. De Mancler, Major Hupeden, and every other person in, the service at his. Majesty, have eSpe rienced injuries, threats, and ill treatment of every description. At List the new Government was able, in a small degree, to re-establish tranquility, and to oblige the greatest part of the at med peasants to leave the town. ..lt organised a militia, which was charged with guarding the prisoners. • permanent Committee, formed by deputies from all the villages,,rnaintained authority ; it demanded the King should be sent to, in order to have declared to hun that the lives of his servants and subjetts depended upon his .contiescend ing.to re-establish things at Mergentheirn. upon the footing they were beiore the war. The rebels were going to propose to M. De 114ancler to charge him self with this message, whits was afterwards given . to Major Hdpedem • - As, soon as,the first, intelligence °Obese tumbles reached .his Majesty; he ordered Major-General Schaler to et out with ,four battalions of infantry, two squadrons of horse guards, and four pieces of cannon. M. be Reishach followed the troops in quality of Commissary General. . The troops appeared before Mergentheirn on the 29 , h;. at fiv.e . o'clock. in the,afternoon. Upon their entering the Principality, they dis persed some bands of wt-11 armed peasants No ylio had fired upon them ; they dislodged thein from the vine yards and woods near the town, which could only be effected by a very lively fire, that killed many -or the rebels. _ _ It was in vain, that, agreeably to his Majesty's orders, they- - --were summoned-to submit thry were nearly tiring upon the flags of truce, and persons sent to them. It was necessary to blow up the gates of the town, and then It battle took place in the streets,, during which they fired from the houses upon the troops of his Majesty. The rebels gave way only to superiority of,number ; the greatest part fled by another gate ; at the end of half an hour all the town was occupied. The rebels have had more than 50 killed, and at least as many wounded. - A much greater number have been arrested. The Cavalry sent in pursuit of them, continue to send - more of them in. borne detachments hate been . sent to Margolsheim, whiCh is the. focus of sedition, a; well as to ail the neighbout ing villages, to. arrest the u- Mors of the rebellion, and all. peasants found in arms. ---(L'Abeille du Hord, July - 1C) . . From the. Supplement to the Prague Gazette: " The enemy, after two days fighting,, huving succeeded in turning the left wing of the Austrian army and forcing it to retreat, the right wing, which had completely defeated. the enem3 opposed to it, and taken ten pieces of cannon, several standard, and a number of prisoners, .both -Officers and Sol diers, was stopped in the career' of . victory, and obliged to retreat likewise. His Imperial Highness the Generalissimo, on the 6th of July ie the evening; drew off the army in the best order in the road to Znaim, and took a position behind the Buff4mberge. MUNICH, JULY , g.—This morning the French Minister Plenipotentiary at •this Court M. OT O, published the following Bulletin • `‘ • . 1114nich, July - g.' ";The French Legation received last night _the following details from the Imperial Head-quarters, which we are authorised to make public 5 . they are dated July 6th. " Yesterday and to-day will be foi• ever-Memor able.—Yesterday, ,by manceut , res, which in;"truth border on the miraculous, all . the entrenched camp of the enemy was taken, almost without filing a ihot: The enemy was lorced into the plain,. aid driven three _leagues trom the Danube. To-day he wag attacked on the heights beyeud Deritsch,,Wagiam, Boumensdorff, and Neusideln. Thu whole Aus;riau force was engaged, and defeat ed. Ay ten in the morifing victory'was decided.— . It is now only three 'in the afternoon, atA•we only hear of the cannon of the columns who arepursuing• the, enemy. His loss in killed and wounded roust be prodigious. The number of priboners, cannon, and standards taken is considerable. We lost no Officer of rank, The Emperor-is in good health. I write to you tlnn the field of battle. It is oppressively hot." A Courier had two hours before brought dispatches to the King of . Bavaria, at Nymphenburg. Persons . Who have returned trod thence say, that his Ala. : : jesty. testified much sa!isfaelion at their Contents. The battleori the. 6th was much greater and more decisive than it was at first suppoSed. The defeated army of the Archduke CHARLES s pursued by the'- vitiorious French from morn till far in the night, and every hour a number of prisoners, cannon, bag gage, &e: are brought in.i The Austriabs retreat to Znallm.—(lla7izburgh CoTresponderite.n; July 18.) BANKS OF THE DANUBE„ JULY 7.-46 Me- battles. of the ..sth and, 6th the Austrian Field „Marshal Lieutenant D'AEns, and General NORMANT, ,were killed; ''and 'l3 other Austrian General's wounded. The small-town of Enzersdorff was for the greater' part laid in, ashes. The valuable effects at Bruria have.been removed to Iglau.—(Hambure4 Corres pondent, July 18.) `• BACKHORK, THE LAKE' OF CONSTANCE,. JULY 7.—The Post from and to Lindau now voeS by . water, by way of this lowa, as the country between. Wangen and Lindau is still disturbed by the Voral berg insurgents. Provisions are likewise conveyed. to the people of Lindau by the Lake of Constance. The insurgents, on the 2sth . tind .egth June, made a very daring 'expedition, In the night of- the 28(11 1 they sailed in ',six ships, with 230 men, from .Bre-; genz, through the lake of Constance, which is 13 leagues - long,' and:in,the morning Stitprised be gar rison of Constance; consisting of 34 men-of Baden, whom they carried off, with other plunder, and ort their return took a ship laden with corn. To prizt vent sithilar expeditions, th'e Commandant of Lap , . data has fitted out, two ships,'each carrying a gun an& a howitzer. . In the campaign of .1800; -the English. Major, WILLIAMS, ,in the Austrian service, at the head of a flotilla of eight vessels, fitted out at Lin clau and Bregetiz i - , commanded the tx;hOle like of Constance.--(Harnburgh Correspondent, July is.) Miss DAvrEs, who gave her hand on Tuesday last to Colotiel OSBOENE, son Of Sir GEORGE 06EORNE,; ; had thepleasing accompaniment 010,0000: The annual fair, at StobsinoOr, in the vicinity of Dundee; was held last week, 'There. :was a greater Show of cattle than usual, and they found .a . sale: Cattle in good condition were quickly bought,- • up,:at 15 or 20 per cent. above last year's primes. 111 the evening , an affray took place, whtch arose fronf the breaking of the head of 'a drum, belonging. fo recraiting..party of the 2501 regiment: Of foot, which, the crowd, and some soldiers Of artillery rook: one siie, and thesoldiers of the 25 , 11 the other side; '• The soldiers mita' their swords and hayowtts, and ;/,' the populace stones and sticks. A young man was 'Struck - so violently oil the' head by .a thorrg' though he had strength to go home, he expired the following morning., Two soldiers, were. carried 1 0 the barracks a state of insensibility, and with many wounds. Ond- EirlionStOne, a porter, hcl'hi s , skull cleft with a sword, and numbers received dan- gerclui - blows ; ,but they are all in. the waY:of very. The Sheriff arrived at Dundee, on Thursday, to take a precognition. . An ancient • manuscript; forrnetly the office-book of the Court 'Lew Within the Manor. of Southwark, - under the jurisdi&ion of the Bishop of: Wltactiss - : TER, contains 24 articles for the better regulation, of common women. The 14th artiele I)lw:ides agaiPc all squabbles - and disputes between these Ladies theirparamours in words following if any woman that liveth by . her person, chideih with any man, or maketh a fray, she sh a ll .lye ii prison.three days - and three nights, and make a' fibs` of 66. Bd." SHIP NEWS. CRAVESIND, JULY 27. Arrived—the Aurora, Watts, from BIR I 11S. On Tuesday senniiht, at the Vice- 'legal Ledge, in the. Phcepix Park ; Dublin, thc Do,:lioss of Richmond, of Daughter, and the fourteenth chili. Oil the 21st inst. at Liuonj,twai , l, jedburgh, the Lady of Archibald jerdou, I.sd. of a Diuh►►ter. On Tuesday last, iVirs. Sargeaunt, of Coleshill, H cr ts; of a Son. - (ill Wednesday iast, iit Grosvetw-placo, the Lady of Fier' bert jeritier, Esq. LL. D, pfii ' 1. 1 Oi l Ow 27 li lust. at Chatham, the Lady of Captain Bingoain, of the loyal Navy; ut,a 'laughter. DILD. On the sth inst. at Dzwatip, in the 22d yeai of his ag e, ' Lieutenant katnes Warren, of the 47th Regiinent, s;,11 of tht; ', Rev. Dr. Warren, late ArciiiteaCcni 61 Worcester. On the 19th of t. at hi. seat in the Cou►,t} c►f ' Wicklovi,t Sir Robert 1-10d5.,11. On the zist inst. suti(:eilly, Miss Stuart, of - 13ury-strectr St. lames's. .„, On th- 23d inst. at c;c4laiming, in Sur re y, Mi ss Mar 7 Lamcien Yalden. On the 24th inst. suddenly, at his , Men-ion-Fool? Thomas Fleming, Lsti. an Akio - wan o, thar City• (411 Sunday last. ih* . Nlatiatieste -stt,et,'Manehe:-.t: r:stiu-i' ° - Alaria 'Kane, .nnly.clilld of the lee Grat,y, esti. °. kahen,'iii the 'County of Litnerit.k. On the'26thinst", at •Caiuden Town., Mrs. NI: K. Sioge r r widow of George Singer, Est]. forinetly of the Island or J - . ' • uesrl iy last . , at Harrow, after aVcry.sl;6l illness , i~" the 4th year or hi's age, C . ll,lrles, , the youngest son of the Ke y ' _Mark Drury. • On Sunday, se'nnight, Airs. Gledhill, wife of Mr. Dan ie l ' klilk-selter_,,of ,‘)tieffield ; and on Sunclay last, , •of her 'daughters, aged 18 ')ear a.' 1. hey wen:. botn buried ' 3 one.gray.e on Monday;; the•satne da; , ft, r last twin Oil dr,:n were,baptized.. She had , ttad tour double bit tits in . cession. PRICE OF YESTE Bank Stock, 260 1" ►navy c per tcuj, 9Ag 99 .5 per. Cent. 1797, Irish s pa.C. ent. , . ,4 per Lent. S 4 ik 3 ovt Cent. Itew63i . 3 per .2tfit. COll5. b 7 'Bank L. Ann. 18 STOCKS r• A Y. India StoCk, Bonds, igc. pr. Exclt . cq. Bdis, 7s. 12.5. Pr uranium, pr. I mpervd 3 per Cent. I:atu Ann. 7i 7.. 'oats to[ Aug. (Ai 62 -k